HomeMy WebLinkAbout11/03/99 MINUTES CC BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 3, 1999
Council Chambers, City Hall, 1501 Truxtun Avenue
Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m.
273
PRE-MEETING
1. ROLL CALL
Present:
Absent:
Mayor Price, Councilmembers Carson,
DeMond, Maggard (seated at 5:23 p.m.),
Couch (seated at 6:05 p.m.), Rowles
(seated at 5:50 p.m.) Sullivan (seated at
5:25 p.m.), Salvaggio
None
ACTION TAKEN
2. WORKSHOP
a. City Council Goals - Progress Report
Assistant City Manager Alan Christensen gave a
computer presentation and provided written
material.
Mayor Price and DeMond suggested staff
establish meeting dates for the next City/County
Joint meeting.
Carson referred the issue of scheduling a date
for the next City/County joint meeting to the
Intergovernmental Relations Committee.
Update Video Broadcast of Council Meetings
Assistant City Manager Alan Christensen
introduced Administrative Analyst Trudy Slater
who gave a oral presentation and introduced
Public Works Operations Manager Joe Lazano
who completed the presentation.
Presentation regarding Housing Rehabilitation
Program
Community Development Director George
Gonzales provided a video presentation.
274
Bakersfield, California, November 3, 1999- Page 2
CLOSED SESSION
ACTION TAKEN
Motion by Carson to recess to Closed Session at 6:00
p.m.
APPROVED
AB COUCH
Conference with Legal Counsel Existing
Litigation; Closed session pursuant to subdivision
(a) of Government Code section 54956.9; City of
Bakersfield vs. Kern Delta Water District; Kern
County Superior Court Case No. 239088-RDR
Motion by Couch to adjourn from Closed Session at
6:20 p.m.
AGRg~309
APPROVED
REGULAR MEETING
INVOCATION by David Woodruff, Director, First Assembly
of God Church.
PLEDGE OF ALLEGIANCE by Emily Arnold, Stockdale
High School.
3. ROLL CALL
Present: Mayor Price, Councilmembers Carson,
DeMond, Maggard, Couch, Rowles
Sullivan, Salvaggio
Absent: None
Councilmembers and staff introduced Student
Body Representatives from 11 area high schools
who will serve as Mayor, City Council, City
Manager, City Attorney, Public Works Director and
Development Services Director counterparts this
evening. The students are participating in the45th
consecutive "Teen Government Day."
Phebe Kwon, Foothill High; Emily Arnold,
Stockdale High; Larry Boler, Bakersfield High;
Megan Jager, Centennial High; Amir Younes,
Highland High; Allison Reynolds, North High;
Melani Martinez, Ridgeview High; Monica Rocha,
South High; Katie Wolf, West High; Beth Frances,
Bakersfield Christian High; and Melissa Porter,
East Bakersfield High.
4. CLOSED SESSION ACTION
Mayor Price announced action as reflected on Page 2.
Bakersfield, California, November 3, 1999 - Page 3
PRESENTATIONS
ACTION TAKEN
Mayor Price read a Proclamation proclaiming
November 14-20, 1999, as "Family Week" that will
be given to Dayna Nichols, Chairperson of Kern
County Family Week Committee.
275
PUBLIC STATEMENTS
Renee D. Nelson spoke regarding CEQA Section
15183(F)
The following individuals spoke regarding
annexation: Stuart Baugher, submitted written
material; Becky Kaiser; and Barbara Fields.
The following individuals spoke regarding
modification to the bike trail ordinance: Paul
McGrath; and Jerry Cook.
Maggard referred the issue of allowing electric
bikes on the bike trail to Legislative and
Litigation Committee.
APPOINTMENTS
None.
CONSENT CALENDAR
Minutes:
a. October 20, 1999 Council Meeting.
Payments:
b. Payments from October 9, to October 22, 1999 in
the amount of $5,471,834.74; and Self Insurance
payments from October 9, to October 22, 1999 in
the amount of $102,469.59.
Resolutions:
c. Resolution of Intention No. 1200 to add territory,
Area 2-16 (Wible, Prairie) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report. (Ward 7')
ROI '1200
Bakersfield, California, November 3, 1999- Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Resolution authorizing the Public Works Director
to execute program supplements with the State of
California for Federal aid projects.
RES 156-99
Resolution encouraging local businesses to use
the Kern County Airport for business travel.
RES 157-99
Resolution regarding changing the name of the
Central District Development Agency.
RES 158-99
Resolution setting the dates of Regular Meetings,
Budget Hearings and Department Presentations of
the City Council for January through December,
2000.
RES 159-99
Agreements:
h. Tract Maps/Improvement Agreements:
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract No. 5290 Phase A, located east of
Buena Vista Road, south of Chamber
Boulevard. (Ward 4)
AGR99-271
AGR99-272
ABS ROWLES
MAGGARD
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract No. 5290 Phase B, located east of
Buena Vista Road, south Chamber
Boulevard. (Ward 4)
AGR99-273
AGR9~274
ABS ROWLES
MAGGARD
Final Map and Improvement Agreement
with Castle & Cooke California, Inc. for
Tract No. 5290 Phase C, located east of
Buena Vista Road, south of Chamber
Boulevard. (Ward 4)
AGR99-275
ABS ROWLES
MAGGARD
Final Map and Maintenance Agreement
with Elmer F. Karpe, Inc. for Tract No.
5939 located at the northwest corner of
Westwold Drive and Brookside Drive. (Ward
5)
AGR 99-276
Final Map and Improvement Agreements
with John Balfanz Homes, Inc. for Tract
No. 5441 Phase B, located at the
northeast corner of Jewetta Avenue and
Hageman Road. (Ward 4)
AGR 99-277
AGR 99-278
Bakersfield, California, November 3, 1999 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
View Wall Agreement with Coleman
Homes, Inc. for a viewwall along the east
side of Riverlakes Drive, north of Olive
Drive. (Ward 4)
AGR 99-279
ABS MAGGARD
Agreement to sell City owned real property at
3712 Panorama Drive. (Ward 3)
AGR 99-280
DEED 5141
Agreement with Chevron U.S.A., Inc. and North
Kern Water Storage District for Discharge of
Oilfield Effluent Water into the Beardsley-Lerdo
Canal System. (Ward 3)
AGR 99-28'1
Agreement with Union Bank of California for
Custody of Investment Securities.
REMOVED FOR
SEPARATE
CONSIDERATION
Proposed Agreement with David Turch and
Associates, Washington, D.C. lobbyist, $60,000 to
provide lobbying services to secure funding for
road maintenance projects and special projects.
REFERRED TO
BUDGET & FINANCE
COMMITTEE
Amendment No. 3 to Agreement No. 96-266 with
Martin-Mclntosh, for Engineering Design Services
for the Allen Road and Buena Vista Road Trunk
Sewer, Phase II.
A GR 96.266(3)
ABS MAGGARD
n. Self-Insurance litigation matters:
Amendment No. 6 to Agreement No.
96-309 with Daley & Heft for legal service
in the matter of City of Bakersfield vs. U.S.
Fire Insurance Company, et al. and
appropriate and transfer $120,000
insurance proceeds from Self Insurance
Fund to the City Attorney's Operating
Budget in the Refuse Fund to pay for
attorneys' fees.
AGR 96.309(6)
Appropriate $240,000 ACCEL Rebate to
the Risk Management Operating Budget
within the Self-Insurance Fund for
settlement of the claim of Carlos vs. City of
Bakersfield.
ABS DEMOND
277
Bakersfield, California, November 3, 1999 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Contract Change Order No. 6, $226,475.63, to
Agreement No. 97-335 with Kiewit Pacific
Construction Company, for Wastewater Treatment
Plant No. 2 Upgrade and Expansion Project for
extra work, time and materials. (Ward 1)
Bids:
Award contract, $43,681.71 to Data-
Communications Services, Incorporated to provide
and install network cabling to locations throughout
City Hall.
CON 99-282
Construction of culvert under South Union Avenue
at the central branch of the Kern Island Canal:
(Ward 1)
Award contract, $98,729.00 to Griffith
Company for construction of culvert under
South Union Avenue at the central branch
of the Kern Island Canal.
CON 99-283
Appropriate $58,000.00 Fund Balance to
the Capital Improvement Budget within the
Gas Tax Fund.
Traffic Signal Interconnect on Truxtun Avenue: N
Street to Beale Avenue (Ward 2)
Award contract, $97,255.00 to Leo Tidwell
Excavating Corp., Selective Alternate No.
2, for traffic signal interconnect installation
on Truxtun Avenue, N Street to Beale
Avenue.
CON 99-284
Award contract, $114,262 to Leo Tidwell
Excavating Corp. for traffic signal interconnect on
Truxtun Avenue from H Street to Oak Street.
(Wards 2 & 5)
CON 99-285
Accept bid from Central Valley Truck Center
$136,388.75 for replacement refuse
truck.
Miscellaneous:
Investment Policy of the City.
REFERRED TO
BUDGET & FINANCE
COMMITTEE
Bakersfield, California, November 3, 1999 - Page 7
CONSENT CALENDAR continued
v. Accept "Heart Smart Cities Project" State grant
and appropriate $25,000 to the Recreation and
Parks Operating Budget in the General Fund.
DeMond announced conflict on Consent Calendar Item
n.2. due to perceived conflict.
Maggard announced conflict on Consent Calendar Items
h.1., 2., 3., 6., and m. due to source ofincome to former
employer.
Rowles announced abstention on Consent Calendar Item
h. 1., 2, and 3. due to source of income to employer within
12 months.
Motion by Carson to adopt Consent Calendar ltems a.
through v. with separate consideration of Item k.
ACTION TAKEN
APPROVED
279
Agreement with Union Bank of California for
Custody of Investment Securities.
Motion by Couch to defer action on this item to the
next meeting, and requested staff provide definitive
responses, in writing, from the brokers.
APPROVED
HEARINGS
a. General Plan Amendment No. P99-0203: (Ward 4)
Smith Tech/USA, Inc. has requested an
amendment to the Metropolitan Bakersfield
General Plan on property located at the southwest
corner of Stockdale Highway and Buena Vista
Road.
Resolution approving the negative
declaration and amending the Metropolitan
Bakersfield 2010 General Plan from Low
Density Residential to General
Commercial.
Resolution approving the negative
declaration and amending the Kern River
Plan Element from Residential to General
Commercial.
Rowles announced conflict due to source of
income.
RES 160-99
RES 161-99
Bakersfield, California, November 3, 1999 - Page 8
HEARINGS continued
ACTION TAKEN
Maggard announced conflict due to source of
income to former employer.
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 7:39 p.m.
Steve DeBranch, Castle and Cooke, spoke in
opposition of staffrecommendation and submitted
written.
The following individuals spoke in support of staff
recommendation: Bob Smith, Smith Tech/USA;
Tom Coleman, Coleman Homes, provided an
overhead display and submitted petitions; Barbara
Lomas.
Hearing closed at 7:50 p.m.
Tom Coleman stated for the record, they agree to
have a traffic study; contribute 100,000 for
improvements to the park being constructed on
the north side of Stockdale Highway; and
contribute 25 percent for maintenance for that
park, per the agreement that Castle & Cooke
currently have with the City which states terms
and conditions.
Motion by Couch to adopt the resolutions, with
conditions.
APPROVED
AB MAGGARD
ROWLES
Mayor Price recessed the meeting at 8:00 p.m. and
reconvened at 8:05 p.m.
General Plan Amendment No. P99-0433: (Ward 4)
Jim Ward Architecture for RiverLakes Community
Church has requested an amendment to the
Metropolitan Bakersfield 2010 General Plan by
eliminating the requirements of the Polo Grounds
Multi-Use Trail Plan (Trail B) along the north side
of Hageman Road between Verdugo Lane and
Calloway Drive, and along the west side of
Calloway Drive between Noriega Road and
Hageman Road.
RES 162-99
Bakersfield, California, November 3, 1999 - Page 9
HEARINGS continued
ACTION TAKEN
Rowies announced conflict due to source of
income.
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 8:07 p.m.
Jim Ward spoke in support of staff
recommendation,
Hearing closed at 8:09 p.m.
Motion by Couch to adopt the resolution.
APPROVED
AB ROWLES
General Plan AmendmentJZone Change No.
P99-0123: (Ward 4)
Cleo Brannon has requested an amendment to the
Metropolitan Bakersfield 2010 General Plan on
properly located along the east side of Calloway
Drive between Seabeck Avenue and Rosedale
Highway,
Resolution approving the negative
declaration and amending the Metropolitan
Bakersfield 2010 General Plan from Estate
Residential to General Commercial on
10.80 acres.
RES 163-99
Ordinance amending Title 17 of the
Municipal Code and Zoning Map No.
102-20 from One-Family Dwelling to
Regional Commercial on 10.80 acres.
FR
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 8:11 p.m.
No one spoke at hearing.
Hearing closed at 8:11 p.m.
Motion by Couch to adopt the resolution and
first reading of the ordinance.
APPROVED
281
Bakersfield, California, November 3, 1999 - Page 10
HEARINGS continued
ACTION TAKEN
General Plan AmendmentJZone Change No.
P99-0431: (Ward 4)
Castle & Cooke California, Inc. has requested an
amendment to the Metropolitan Bakersfield 2010
General Plan on property located south of Ming
Avenue, north of White Lane, west of Buena Vista
Road and east of South Allen Road.
Resolution approving the Negative
Declaration and amending the
Metropolitan Bakersfield 2010 General
Plan from Low Density Residential to Open
Space-Parks on 18.38 acres (two local
parks); 110.21 acres (golf course); and
from Open-Space-Parks to Low Density
Residential on16.07 acres.
RES 164-99
Ordinance amending Title 17 of the
Municipal Code and Zoning Map No. 122-
12 from Limited Multiple Family Dwelling to
One Family Dwelling on 157.57 acres on
property located south of Ming Avenue,
north of White Lane, west of Buena Vista
Road and east of South Allen Road.
FR
Rowles announced conflict due to source of
income.
Maggard announced conflict due to source of
income to former employer.
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 8:13 p.m.
Roger Mclntosh spoke in support of staff
recommendation.
Hearing closed at 8:14 p.m.
Motion by Couch to adopt the resolution and
first reading of ordinance.
APPROVED
AB MAGGARD
ROWLES
Bakersfield, California, November 3, 1999- Page 11
HEARINGS continued
ACTION TAKEN
General Plan Amendment/Zone Change No.
P99-0435: (Ward 4)
Resolution denying the amendment of the
Metropolitan Bakersfield 2010 General Plan from
Office Commercial to General Commercial on 1.17
acres and the ordinance amending Title 17 of the
Municipal Code and Zoning Map No. 123-05 from
Professional and Administrative Office to Planned
Commercial Development on property located at
the southeast corner of Camino Media and Haggin
Oaks Boulevard.
RES 165-99
Rowles announced conflict due to source of
income.
Development Services Director Jack Hardisty
provided a brief update.
Hearing opened at 8:17 p.m.
The following individuals spoke in opposition of
staff recommendation: Don Jefferies; Erica Diaz;
Jose Martinez; Chris Romanini; Paul Pavotich,
Vice President, Dewars Candy Shop; Fred Porter,
Porter-Robertson Engineering; John Richy,
Jefferies Bros.; Tom Fallgetter, submitted petition;
and Tom Schroeter, representing Caprock.
The following individuals spoke in support of Staff
recommendation: George Martin, representing
CSUB; Dr. Tom Arcinegia, CSUB President; Greg
Bynum, CSUB Board Member; and Monica
Sanchez.
Tom Fallgetter spoke in rebuttal in opposition of
staff recommendation.
The following individuals spoke in rebuttal in
support of staff recommendation: George Martin;
Charles Collum; and Robert Tafoya
Hearing closed at 8:58 p.m.
Mayor Price recessed the meeting at 9:13 p.m.
and reconvened at 9:18 p.m.
Carson recognized Tom Fallgetter, George Martin,
Tom Schroeder and Bruce Barretta to answer
questions.
283
284
Bakersfield, California, November 3, 1999 - Page 12
HEARINGS continued
ACTION TAKEN
Motion by Couch to adopt the resolution
making findings approving the mitigated
Negative Declaration and adopting the General
Plan Amendment P99-0435 for a proposed
amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
and to adopt an ordinance amending Title 17
of the Bakersfield Municipal Code and Zoning
Map No. 123-05, by changing the zoning of
certain property in the City of Bakersfield,
generally located at the southeast corner of
Camino Media and Haggin Oaks Boulevard. In
addition, the resolution on the General Plan
Amendment would be conditioned upon the
deed restriction being placed on the properties
to the east of that proposed location, which
will be recorded at the time of building permit
issuance.
APPROVED
NS DEMOND
MAGGARD
AB ROWLES
General Plan Amendment and Zone Change
P99-0450: (Wards 1 & 7)
The City of Bakersfield has requested an
amendment to the General Plan on 3,461 acres
located between East Brundage Lane on the
north, East Pacheco Road to the south, Mt.
Vernon Avenue on the east, and the majority of
parcels with frontage lying on the west side of
South Union Avenue to the west.
Resolution approving the Negative
Declaration and amending the General
Plan to rescind the Casa Loma Specific
Plan.
Ordinance approving the Negative
Declaration and changing the zoning
districts from the Casa Loma Specific Plan
designations to a similar city zoning
district.
Hearing opened 10:23 p.m.
Motion by Couch to continue to end of APPROVED
hearings. AB CARSON
Bakersfield, California, November 3, 1999 - Page 13
HEARINGS continued
ACTION TAKEN
Resolution adopting the Negative Declaration for
a proposed annexation of territory located west of
Allen Road to Jenkins Road along the north side
of Brimhall Road. (Ward 4)
Hearing opened at 10:24 p.m.
Motion by Couch to continue to end of
hearings.
APPROVED
AB CARSON
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessment of
5101 Marsha Street for the abatement of
discarded appliances, furniture and junk. (Ward 2)
Hearing opened at 10:25 p.m.
Motion by Couch to continue to end of
hearings.
APPROVED
AB CARSON
285
General Plan Amendment and Zone Change
P99-0450: (Wards 1 & 7)
The City of Bakersfield has requested an
amendment to the General Plan on 3,461 acres
located between East Brundage Lane on the
north, East Pacheco Road to the south, Mt.
Vernon Avenue on the east, and the majority of
parcels with frontage lying on the west side of
South Union Avenue to the west.
Resolution approving the Negative
Declaration and amending the General
Plan to rescind the Casa Loma Specific
Plan.
Ordinance approving the Negative
Declaration and changing the zoning
districts from the Casa Loma Specific Plan
designations to a similar City zoning
district~
DeveJopment Services Director Jack Hardisty
provided an update.
Hearing opened 10:27 p.m.
RES 166-99
FR
No one spoke at hearing.
,286
Bakersfield, California, November 3, 1999 - Page 14
HEARINGS continued
f. Hearing closed at 10:27 p.m.
Motion by Carson to adopt the resolution and
first reading of the ordinance.
ACTION TAKEN
APPROVED
Resolution adopting the Negative Declaration for
a proposed annexation of territory located west of
Allen Road to Jenkins Road along the nodh side
of Brimhall Road. (Ward 4)
Hearing opened at 10:30 p.m.
No one spoke at hearing.
Hearing closed at 10:30 p.m.
Motion by Couch to refer back to staff.
APPROVED
Resolution confirming the report of the Chief Code
Enforcement Officer regarding assessment of
5101 Marsha Street for the abatement of
discarded appliances, furniture and junk. (Ward 2)
Hearing opened at 10:30 p.m.
Motion by DeMond to continue until she can
meet with the property owner, then bring back
to Council.
APPROVED
10.
11.
REPORTS
None.
DEFERRED BUSINESS
Ordinance amending Bakersfield Municipal Code
Section 1.12.040 by adding Annexation No. 402 to
Ward 4, located at the southeast corner of Jewetta
Avenue and Palm Avenue. (First Reading
10/20/99) (Ward 4)
ORD 3931
Motion by Couch to adopt the Ordinance. APPROVED
12.
Bakersfield, California, November 3, 1999- Page 15
NEW BUSINESS
ACTION TAKEN
Ordinance amending Subsection B of Section
8.32.010, Subsection A of Section 8.32.040,
Subsection A of Section 8.32.050, Subsection D of
Section 8.32.060, Subsection G of Section
14.04.110, and Section 14.12.195 of the
Bakersfield Municipal Code relating to Cost
Recovery.
FR
Rowles announced conflict on Items b., c., and d.,
due to source of income to employer.
Maggard announced conflict on Items b., and c.,
due to source of income to former employer.
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map No.
123-18 by Changing the Zoning from One Family
Dwelling Zone on 31.48 acres and a Limited
Multiple Family Dwelling on 8.62 acres to a
Planned Unit Development Zone on a Total of 40.1
acres located on the southwest corner of Old
River Road and Campus Park Drive. (#P99-0586)
(Ward 4)
FR
ABS ROW£ES
MAGGARD
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map No.
123-18 by changing the Zoning of 18.53 acres
located south of Campus Park Drive, east of
Mountain Vista Drive, from One Family Dwelling
zone to a Planned Unit Development zone. (#P99-
0587) (Ward 4)
FR
ABS ROWI-ES
MAGGARD
Ordinance amending Title Seventeen of the
Bakersfield Municipal Code and Zoning Map No.
102-20 by changing the zoning from a Planned
Commercial Development zone to a Revised
Planned Commercial Development zone
consisting of 127,500 square foot building area on
21.7 acres located on the northwest corner of
Coffee Road and Granite Falls Drive. (ZC No.
P99-0515) (Ward 4)
FR
ABS ROWLES
287
13.
Bakersfield, California, November 3, 1999 - Page 16
COUNCIL STATEMENTS
ACTION TAKEN
DeMond referred to the Urban Development
Committee the following issues:
· Review of leaf blowers;
· Misdemeanor issue regarding garbage
disposal, dumpster divers;
· Review the aspect of allowing churches in C-O
zones.
Couch thanked Police Chief Matlock for assisting a
student and thanked Council for the way they handled a
delicate subject.
Couch will be submitting various referrals.
Sullivan thanked Jack LaRochelle for his hard work and
the article in the Bakersfield Californian.
Maggard stated he has confidence that the Jefferies
Brothers will do an excellent job and provide a product
that the community will enjoy.
14. ADJOURNMENT
Motion by Carson to adjourn at 10:38 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Irk of
!_o cio the
Council of the City of Bakersfield
APPROVED